KUNAPAREDDY PRASAD Vs. DISTRICT COLLECTOR WEST GODAVARI

JUDGEMENT

(1.) AT the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. The Writ Petition is filed for a mandamus to set-aside proceedings in Roc.No.292/2007/G2(SW) dated 18-5-2007, proceedings in Roc.No.G2/292/2007(SW) dated 24-12-2008 and consequential proceedings in Roc.No.G2/292/2007/SW, dated 5-1-2009 of respondent No.1 issued under Section 6 of the Land Acquisition Act, 1894 (for short, "the Act").

(2.) PETITIONERS Nos.1 and 2 are the tenents and the petitioner Nos. 3 and 4 are the owners of the extent of Ac.4-45 cents in S.No.462/1 and Ac.3-20 cents in Sy.No.462/2 of Rustumbada village, Narsapur Mandal, West Godavari District. A notification under Section 4(1) of the Act was issued for acquiring the above lands along with other lands for providing house sites to the weaker sections. Petitioner Nos.1 and 2 filed W.P.No.12591/2007 and petitioner Nos.3 and 4 filed W.P.No.12580/2007 challenging the said notification. While the said Writ Petitions were pending, interim direction not to dispossess was granted. Respondent No.1 issued proceedings dated 24-12-2008 whereby he has passed order approving the proposal for acquisition after completion of enquiry under Section 5-A of the Act. Following the said order, declaration under Section 6 of the Act was issued in proceedings dated 5-1-2009. The only ground raised by the petitioners in this Writ Petition is that no notice was issued to the petitioners in the enquiry under Section 5-A of the Act and therefore proceedings which culminated in issuing the declaration under Section 6 of the Act are illegal.

(3.) I have considered the respective submissions of the learned counsel and perused the record.